You’ve just been injured in a motorcycle accident. The medical bills are already piling up. Then comes a settlement offer, promising quick relief from the financial stress you’re under due to the crash. Should you accept? How do you know whether you’re getting enough compensation to pay your medical expenses, recoup lost wages, and account for your other losses?
You’re asking great questions. You need the facts before accepting any insurance settlement after a motorcycle accident. Once you sign off on an offer, you can’t go back and get more money later. An experienced motorcycle accident lawyer can tell you whether you’re getting a fair deal.
Contact Recovery Law Center now. Our Honolulu motorcycle accident attorneys have more than 25 years of experience helping people obtain compensation for their injuries. Our lawyers have a Top 100 ranking from the National Trial Lawyers, and we’ll be aggressive in our push for maximum compensation for you. Get a free initial consultation by calling our office or visiting our contact page.
Should I Settle with Insurance or Hire a Lawyer?
Most motorcycle accident claims are settled out of court, but having a lawyer on your side is usually a good idea. There are a few reasons that you’ll want to seriously consider hiring an experienced motorcycle accident attorney to represent you.
First, you’ll want knowledgeable help navigating Hawaii’s insurance laws. While cars and most other vehicles are required to carry no-fault insurance coverage, motorcycles are not. Unless you specifically purchased this coverage, you will have to rely on your health insurance to cover any injuries you suffered in the motorcycle accident.
If your insurance policy does not provide coverage or you reach the limits of your personal injury protection (PIP) benefits and/or health insurance policy. In that case, you may need to file a personal injury claim against the responsible party and their insurance company to obtain any additional compensation for your injuries. To do that, you’ll need to demonstrate that your injuries meet certain standards set by state law. That can be a difficult legal battle, so getting help from a motorcycle accident lawyer can give you the best chance of obtaining maximum compensation.
What a Motorcycle Accident Lawyer Can Do for You
A motorcycle accident attorney can help with every aspect of your injury claim. The process starts with a free consultation. That’s when you’ll go over the facts of your case and determine what sources of compensation are possible for you.
The beauty of hiring an experienced lawyer is that they can take care of the bulk of your case for you. That includes filing the paperwork and collecting the evidence to negotiating with the insurance company for the best possible compensation for you. Although most motorcycle accident claims result in settlements, a skilled attorney will prepare your case as if it is going to trial if settlement talks break down. Bringing in a lawyer as soon as possible after an accident lets them better prepare to defend your rights.
How Can Liability Affect My Motorcycle Accident Claim?
Hawaii uses a comparative negligence model to determine liability in motorcycle accident claims. This means that if you are partially responsible for your injuries, you can still recover compensation, but the amount you receive could be reduced.
Let’s say you were seriously injured in a motorcycle accident. You’re awarded $100,000 and assigned 30 percent of the blame. The amount of your award will be reduced by 30 percent, so the most you would be able to recover is $70,000.
There’s one catch. Hawaii’s comparative negligence laws also state that you cannot recover any compensation if you’re more than 50 percent responsible for your injuries. To avoid paying out claims, insurance companies will often try to shift blame after an accident, but a knowledgeable lawyer can help you show how you are not responsible for your injuries.
What is the Average Settlement Amount for a Motorcycle Accident?
It’s hard to say what the average settlement is in motorcycle accident claims because there are unique factors in every case. The quality of the available evidence can also impact how much you could receive.
Hawaii does outline what motorcycle accident victims can seek in compensation for their injuries. A successful claim could provide compensation for:
- Medical expenses
- Missed wages
- Lost earning capacity
- Rehabilitation
- Costs of any long-term nursing care and assistive equipment you may need
- Property damage
- Pain and suffering
- Lost quality of life
A lawyer can help you find and preserve the evidence you need to maximize your case for compensation. An attorney can also defend you against disputes from insurers about your rights to compensation.
Can a Lawyer Get Me The Compensation I Deserve?
A motorcycle accident lawyer can:
- Review your available insurance coverage and identify all potential sources of compensation for you
- Investigate the crash and collect evidence to build a solid claim that stands up to the toughest challenges
- Manage insurance negotiations
- Handle all paperwork and ensure that filing deadlines are met
- Connect you with top medical specialists to provide the best possible care
- Preparing your case for trial, if necessary
Because motorcycle accidents often result in more severe injuries than car accidents, it’s imperative to get help from a lawyer so you can get the compensation you need. Talking to a motorcycle accident attorney as soon as possible gives them a head start when it comes to enforcing your rights.
